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WICKS v. O'CONNELL

16-82-01216; CA A32221.

704 P.2d 537 (1985)

74 Or.App. 704

Walter H. WICKS, Respondent, v. John O'CONNELL, Defendant, Robert Fawcett, Appellant.

Court of Appeals of Oregon.

Decided August 7, 1985.

Attorney(s) appearing for the Case

Rohn M. Roberts, Eugene, argued the cause for appellant. With him on the briefs was Adkins, Roberts & Roberts, Eugene.

Charles G. Duncan, Eugene, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff brought this action to recover damages for fraud in the sale of securities. The action against O'Connell was automatically stayed as a result of his filing a petition in bankruptcy. 11 U.S.C. § 362. Plaintiff did not move to sever the actions against the two defendants or to dismiss the action against O'Connell. The case proceeded against Fawcett alone, and the jury returned a verdict for plaintiff, from which Fawcett appeals. The judgment...

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